Robertson v. Hay ex rel. McCandless
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November .Term 1879, No. 110. Scire facias sur mortgage by A. B. Hay, to the use of James McCandless, against Stewart Robertson. On June 18th 1873, defendant executed his bond and mortgage for $15,000 to A. B. Hay, who was the law partner of S. B. W. Gill.
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November .Term 1879, No. 110. Scire facias sur mortgage by A. B. Hay, to the use of James McCandless, against Stewart Robertson. On June 18th 1873, defendant executed his bond and mortgage for $15,000 to A. B. Hay, who was the law partner of S. B. W. Gill. The mortgage was acknowledged June 24th 1873, and recorded June 28th 1873. The defendant also executed a “ certificate of no defence,” dated July 18th 1873, and acknowledged July 19th 1873. Robertson received no consideration at the time these instruments were…
1Opinion of the CourtJustice Mercur
This is a case of scire facias on a mortgage. It is conceded that the plaintiff in error executed the mortgage described in the writ of scire facias. He also executed the bond recited in the mortgage. They both bear date the 18th of June 1873, and the mortgage was acknowledged on the 24th of the same month. On the 18th of July following he executed “a certificate of no defence.” It distinctly referred to the bond and mortgage, stating where the latter was recorded, and declared that it, together with the bond accompanying the same, “is justly, fully and entirely owing and payable according to…
2Cases cited3 opinions
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1810
- Withers v. AtkinsonSupreme Court of Pennsylvania · 1832
- Jackson ex dem. Malin v. MalinNew York Supreme Court · 1818
3Cited by12 opinions
- Bowman v. BerkeySupreme Court of Pennsylvania · 1918
- United States National Bank v. DrabishSuperior Court of Pennsylvania · 1958
- Quigley v. Breyer Corp.Supreme Court of Pennsylvania · 1949
- Standard Furnace Co. v. RothSuperior Court of Pennsylvania · 1931
- Fort Pitt Real Est. v. Schaefer Et Ux.Superior Court of Pennsylvania · 1929
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